5 ms·
It doesn't cost anything to file a response to an opposition. Just deny all their assertions. I've been through the process for my own Trademark and was willi
by kxrm 5y ago
It doesn't cost anything to file a response to an opposition. Just deny all their assertions. I've been through the process for my own Trademark and was willing to fight a large gaming company up until discovery without a lawyer.
That said, you need to do your homework if you try this and it is a bit time consuming, but it was just a few hours of work for me to research and talk to a couple of trademark lawyers (for free) to get a very basic assessment of what was happening and how common opposition filing is. Responded on my own and the Trademark office was surprised that I had no lawyer.
BTW, filing an opposition is easy and costs almost nothing to do, so why wouldn't an existing trademark holder do it?
- programmarchy 5y agoDid you win your case? I’m going through something similar and was about to give up hope based on advice from my lawyer, because he convinced me the company I’m up against would continue to appeal, easily justifying the legal expense to shareholders about “protecting the brand”. I’m willing to put in some time and effort to win, so maybe I should take my shot.
- kxrm 5y agoAfter I filed my response, we did two more calls and finally settled. I just had to change 3 words in the description which I initially offered prior to their opposition. You should definitely not stop at a simple opposition. Most oppositions never go to a full blown trial. The trademark office really pushes for the parties to settle their claims. I had a strong case though so I was certain I could defend my trademark application. The lawyers will tell you the best case and worst case of any action, so I would definitely get other opinions then just relying on the word of one lawyer.